The dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a parody dog toy continues and will finally proceed to the Supreme Court. The case centers around a parody dog toy sold by VIP that mimics the label of
2022
No Likelihood of Confusion Between “SMOKES & Design” and “SMOK”
The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned…
Supreme Court to Examine the Reach of the Lanham Act to Impose Liability on Conduct Outside of the United States
Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C. 1114(1)(a); 15…
NFTs and IP – Your opportunity to comment
On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023.
USPTO shortened office action response deadlines to go into effect in December
Starting on December 3, 2022, the timeframe for trademark applicants to respond to office actions at the U.S. Patent and Trademark Office (“USPTO”) will be shortened from six months to three months. This change is the result of the implementation…
DNS – blocking under German law
In a judgement of 13 October 2022 (I ZR 111/21) – DNS-Blocking, the German Federal Court of Justice (BGH) ruled on the conditions under which rights holders can claim blocking of access to certain websites (DNS Blocking) from…
Branding alert for Royal Warrant holders
Kat friends Jamie Brazier and Abida Chaudri provide an enlightening discussion of the right to use the Royal Arms following the death of Queen Elizabeth II.
It was with great sadness that the world learned, on 8 September 2022, of…
TTAB Refuses to Cancel Harwood’s THE HAPPIEST HOUR Registration
In a precedential decision issued in September, the Trademark Trial and Appeal Board (“TTAB”) denied a cancellation filed by JNF LLC (“JNF”) against Harwood International Inc. (“Harwood”).
JNF applied for the mark THE HAPPIEST HOUR and Harwood owns a registration…
“Non-Fungible” Realities – NFTs Enter the USPTO’s Trademark ID Manual
** This article was drafted by Chris R. Andersen, a Senior Paralegal in NRF’s Dallas Office. Chris is supervised by attorneys who are licensed in the State of Texas.
Thanks in large part to a Bored Ape the U.S. Trademark…
Are we (virtually) there yet? Waiting for the rise of the metaverse from a brand owner’s perspective
We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through…